Dunagain v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Ellis. Tried below before Hon. J. C. Smith, County Judge. Appeal from a conviction for aggravated assault by .a husband upon Ms wife; penalty, a fine of $35. Mrs. Minnie Dunagain testified: “I am the wife of the defendant. I was before the grand jury some time in last May. I made a statement before the grand jury.
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Appeal from the County Court of Ellis. Tried below before Hon. J. C. Smith, County Judge. Appeal from a conviction for aggravated assault by .a husband upon Ms wife; penalty, a fine of $35. Mrs. Minnie Dunagain testified: “I am the wife of the defendant. I was before the grand jury some time in last May. I made a statement before the grand jury. My husband, the defendant, did not make an assault on me on or about May 1, 1897; did not strike me with his hands; he never di'd make an assault on me or strike me.” At this point, the ■county attorney asked the witness, “When you were before the…
1Opinion of the Court
DAVIDSON", Judge.
Appellant was convicted of an aggravated assault upon his wife, and appeals.
During the trial the wife was placed upon the stand, and questioned with reference to the alleged assault, wrhich she denied. The State, after first laying the predicate, over appellant’s objection, proved her statement made before the grand jury in regard to the matter, in which she swore to certain facts which constituted this assault. The court seems to have admitted this testimony mainly upon the theory that she was an unwilling witness, but, under the record before us, it would be immaterial…
2Cited by15 opinions
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- Goss v. StateCourt of Criminal Appeals of Texas · 1909
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- Price v. StateCourt of Criminal Appeals of Texas · 1912
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